Fort Worth Injury Attorney Blog

In the five years Chief Justice John G. Roberts has sat on the Supreme Court, the court has not only moved to the right but also become the most conservative one in living memory.
If the Roberts court continues on the course suggested by its first five years, it is likely to allow a greater role for religion in public life, to permit more participation by unions and corporations in elections, and to elaborate further on the scope of the Second Amendment's right to bear arms. Abortion rights are likely to be curtailed, as are affirmative action and protections for people accused of crimes.

In its first five years, the Roberts court issued conservative decisions 58 percent of the time. And in the term ending a year ago, the rate rose to 65 percent, the highest number in any year since at least 1953.

Four of the six most conservative justices of the 44 who have sat on the court since 1937 are serving now: Chief Justice Roberts and Justices Alito, Antonin Scalia and, most conservative of all, Clarence Thomas. (The other two were Chief Justices Burger and Rehnquist.) Justice Anthony M. Kennedy, the swing justice on the current court, is in the top 10. The Roberts court is finding laws unconstitutional and reversing precedent. the ideological direction of the court's activism has undergone a marked change toward conservative results.

As a personal injury trial attorney, the decisions handed down by the Supreme Court affect my clients' rights as well as the future of this great country. A Supreme Court that is overly conservative or overly liberal could make politically biased decisions that would be potentially harmful to our country. Hopefully, the recent additions of Justice Sonia Sotomayor and soon to be Justice Elena Kagen will help the Supreme Court stay politically neutral and balanced.

Thousands of cyclists around the world joined together on Wednesday for the eighth annual Ride of Silence. This said memorial was started in Dallas in 2003 to honor the endurance cyclist Larry Schwartz who was hit by the mirror of a passing bus and was tragically killed. The event reminds the public to share the road with cyclists.

I think this race is a great way to raise public awareness. I have unfortunately represented my share of cyclists injured due to the carelessness of motorists and is one reason I run more these days than ride.

Friday is National Ride to Work day and I plan to participate. We need more people riding bikes like in other cities. There are plans to increase the number of bike-friendly roads which I applaud.

Next Saturday and Sunday, the Colonial Golf Tournament will store bicycles free of charge near the Log Cabin Village and donate $10.00 to the Streams and Valleys Organization which maintains the wonderful TrinityTrail where we ride and run. The Trail is outside my window and it is nice to look up from my desk and see someone going by during the day.

Cyclists, please be careful out there!

Texas insurance companies use the Texas Personal Automobile Policy which offers eight kinds of coverage to reimburse you for your loss from a vehicle crash. To help you understand what money you may be entitled to, here are the types of coverage:

1. Liability: When the other person is at fault for causing the wreck.
What it pays: Your expenses up to his policy's dollar limits (a minimum of $25,000.00, and sometimes more, including medical bills, lost wages, pain, and vehicle damage or replacement cost if it is totalled.

Who it covers: You, family members, and someone driving your car with your permission.

Note: Some policies won't cover other people, including family members, unless they're specifically named in the policy. Your policy's declarations page should list the names of all of the people covered by the policy.

2. Medical Payments Coverage
What it pays: Your medical bills.

Note that any money received will have to be paid back when you recover money from the other driver's insurance company.

Who it covers: You, your family members, and passengers in your car, regardless of who caused the collision.

3. Personal Injury Protection (PIP) Coverage
What it pays: Medical bills, 80% of lost income and the cost of hiring a caregiver.

Who it covers: You, your family members, and passengers in your car, regardless of who caused the crash.

An insurance company must offer you $2,500 in PIP, and you can buy more. If you don't want PIP, you must reject it in writing. The insurance company must provide me with a copy of your rejection of PIP or I can obtain these benefits for you.

4. Uninsured/Underinsured Motorist (UM/UIM) Coverage What it pays: Your expenses caused by an uninsured motorist or a motorist who did not have enough insurance to cover your bills, up to your policy's dollar limits. Uninsured also pays for accidents caused by a hit-and-run driver if you reported the accident promptly to police.

Bodily injury UM/UIM pays without deductibles for medical bills, lost wages, pain and suffering, disfigurement, and permanent or partial disability.
Property damage UM/UIM pays for auto repairs, a rental car, and damage to items in your car. There is an automatic $250 deductible, which means you must pay the first $250 of the repairs yourself.

Who it covers: You, your family members, passengers in your car, and others driving your car with your permission.

Insurers must offer UM/UIM coverage. If you don't want it, you must reject it in writing (see above).

5. Collision (Damage to Your Car) Coverage
What it pays: The cost of repairing or replacing your car after an accident. Payment is limited to your car's actual cash value, minus your deductible. Actual cash value is the market value of a car like yours without damages.

Who it covers: You, your family members, passengers in your car, and others driving your car with your permission.

6. Comprehensive (Physical Damage Other than Collision) Coverage
What it pays: The cost of replacing or repairing your car if it is stolen or damaged by fire, vandalism, hail, or a cause other than a collision. Comprehensive coverage also pays for a rental car or other temporary transportation if your car is stolen. Your policy won't pay for an auto theft unless you report it to police. Payment is limited to your car's actual cash value, minus your deductible.

7. Towing and Labor Coverage
What it pays: Towing charges when your car can't be driven. Also pays labor charges, such as changing a tire, at the location where your car became immobile.

8. Rental Reimbursement Coverage
What it pays: A set daily amount for a rental car if your car is stolen or is being repaired because of damage covered by your policy

Today I received a large recovery of money for another wonderful client who was unfortunately injured by a drunk driver This is what she had to say about my services

and was delighted to read the article in the today's Dallas Morning News about how Dallas police may start requiring blood tests from DWI suspects. That is, if the city can come up with $360,000.00.

How can Dallas not find this money? Think about its extra police, fire department, Parkland Hospital ER, medical expenses, criminal courts, and other costs that will be avoided -- not to mention the carnage to innocent people like you and me.

Just last year, 38 people were killed in Dallas due to drunk/stoned drivers and a startling 3,600 people were arrested on these charges.

Many cities already require these more reliable blood tests, with tiny Dalworthington Gardens near Arlington being the first city in Texas to require them. (However, a Bedford woman had her conviction thrown out because those police officers were not properly qualified to draw blood; the case is on appeal.)

New laws have made it harder for drivers pulled over for drunken driving to refuse blood tests. Police no longer have to obtain time consuming search warrants for felony DWIs, where a person is hospitalized, a child is in the vehicle, or the suspect has a prior related conviction. And if the suspects refuse, their licenses are suspended for six months.

A whopping 11,773 people died in collisions caused by drunk drivers in 2008 -- a shocking one-third of the 37,261 of Americans killed in all crashes.

In Fort Worth, police mounted two recent crackdowns that resulted in 125 arrests -- 163% more than last year's.

The woman who crashed into Bertha is still awaiting trial.

I will donate a portion of my attorney's fee from every case where I represent a victim of drunk driving to Mothers Against Drunk Driving (MADD), a wonderful organization. I also will volunteer at their walk in Fort Worth on March 27th in Trinity Park.

"Only" 33,963 people died driving on U.S. roads in 2009, the government reported yesterday. This is down from the 37,261 killed driving in 2008 -- all the people who live in Benbrook and Azle combined!

And here in Texas, "only" 2,984 people were killed in collisions.

Whoopee!

In my opinion, one person dying on our roads or getting injured is one too many.

Even the U.S. Transportation Department admits that the numbers are too high, but tries to take credit because (1) more people are wearing seat belts, (2) vehicles are safer, and (3) police are enforcing drunk driving laws more vigorously.

It doesn't mention that peoople drove less last year due to the recession,

Continue reading "Texas and U.S. Accident Deaths Decrease" »

Another tragedy on the roads of DFW: 34 year old Arlington police officer, Craig Story, who was trying to pull over a speeding vehicle on South Cooper Street, was killed early Wednesday in a collision with a school bus.

The tragic accident happened as the bus, which was travelling southbound on Cooper, attempted to turn left in front of the officer. Police have not yet stated whether the bus driver or the officer would have had the right-of-way at the time, but because the officer was in pursuit and had his lights and siren on, the bus driver was legally required to stop and grant access to the intersection at that time.

Witnesses stated that the motorcycle caught fire after the impact, and that they heard what sounded like an explosion.

The driver of the bus and 9 school-aged passengers were not injured.

Failure to yield the right-of-way is a leading cause of traffic accidents. I have handled numerous cases where a driver makes an unsafe turn in front of one of our clients and causes a needless collision due to his impatience.

• "I am extremely satisfied by all services. Your office is wonderful." Eddie O.
• "Thanks so very much for all your hard work!" Kathy P.
• "Wonderful service. You did a great job with our case! Samantha S.
• "Keep up the good work, Bill! May God Bless You ....Thank you." Regina Y.
• "Thank you for all the hard work you did on our behalf. Chad F.
• "Your persistance paid off! I have already recommended you." Patricia C.
• "Mary and I are so pleased to hear that business has been good for you. If anyone deserves it, you most certainly do." Ron M.
• "Thank you for all the work you have done!" Rosalinda R.
• "Thank you. God Bless You." Bola A.
• "Very satisfactory results!" Ed S.
• "Thanks for all that did to help me." Jackie C.
• "Bless you much for helping me. The money was a God send.... Thanks." Holly S.
• "I don't know how you did it but you did. ... Great job!" Joy I.
• "You were very nice. I would definitely recommend you to others." Joanna A.
• "Thank you Mr. Berenson for all your help and support." Gloria T.
• "I think that you did everything that you were able to do in my case." Jeremiah O.
• "You were very friendly and always helped me when I needed it." Kim S.
• "Everyone was so friendly and very professional. You made me feel comfortable and you did what you could do to help me, thank you once again!" Sandra O.
• "Very helpful." Anna D.
• "Thank you very much!" Dana M.
• Everyone was always very attentive and very helpful. Thank you." Melanie E.
• "Thank you so very much Bill for helping me and getting me back on my feet." Penny T.
• "The whole staff was great." James C.
• "I do so appreciate your help and expertise, Bill.... Thanks a million." Trudy F.
• "God Bless You and your staff." Eddie O.
• "Thanks for all your help. You and your staff have been extremely helpful and professional." Kristi M.
• "Every one was very friendly and put up with all my questions." Joshua H.
• "Thanks for working so hard ... Thank you for your continued efforts!" Rita T.

In order to assess my clients' satisfaction with our services, last month we began mailing a brief questionaire at the conclusion of their cases. I am delighted with the results:

1. 100% satisfaction with the two items inquired about, results and treatment.


2. 100% agreement that the client would recommend this law office to other people.


3. 100% agreement that the client was "very pleased" with this office (top rating).

I will include client comments in a following blog.